A Sitting U.S. President Can Be Sued For Defamation
Dear Friends & Neighbors,
Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead, Presented at: WindermereSun.com)
(Please click on red links & note magenta)
Last week, In a 3 to 2 decision, a New York appellate court ruled that Donald Trump is not immune from a civil defamation suit just because he’s President. The New York Justice Jennifer Schecter issued a scathing rebuke of Donald Trump by telling him that his claims are wrong and that a sitting president CAN be sued for defamation, and it is going to happen to him. The judge is allowing the defamation suit brought by former Apprentice contestant Summer Zervos to continue, which marks a huge blow to the Trump administration. Ring of Fire’s Farron Cousins discusses this in the video “Judge Tells Trump He’s NOT Above The Law And Will Face Justice“, below:
Those critics who disagreed with Justice Schecter’s ruling tend to like to use Thomas Jefferson’s position, who warned long ago that allowing a sitting president to be haled to court would violate the principle of separated powers. To this position, one should really consider the fact that separation of powers does not mean there is no intersection of three branches of the government. That is why president of the United States can veto legislative branch’s bill while President of the United States can also be sued in the court of law because United States is a nation of democracy rather than monarchy. No one is above the law. Further interpretation of the relationship among these three branches of government would also reflect the sentiment of the time. Perhaps Americans should be thankful that the modern interpretation indicates that our society has evolved to a more progressive and democratic system than that of the 1800’s, when slavery and inequality among people were acceptable.
To better understand the situation with Ms. Summer Zervos, please refer to the excerpt from wikipedia, in italics, below:
Summer Zervos was a contestant on the fifth season of The Apprentice, which filmed in 2005 and aired in 2006.[32][b] Subsequently, she contacted Trump in 2007, about a job after the show’s completion, and he invited her to meet him at The Beverly Hills Hotel. Zervos has said that Trump was sexually suggestive during their meeting, kissing her open-mouthed, groping her breasts,[32] and thrusting his genitals on her.[34] She also has said that his behavior was aggressive and not consensual.[33] Zervos is being represented by attorney Gloria Allred.[35]
On January 17, 2017, Zervos filed a defamation lawsuit against Trump, arising from his statement that she had lied about the allegations.[37][38] Marc Kasowitz is defending Trump in the case.[39] Zervos has filed a subpoena for “all documents concerning any woman who asserted that Donald J. Trump touched her inappropriately”.[40] On 21 March 2018, a New York Supreme Court judge decided to allow a defamation lawsuit against the President to go forward.[41][42][43] On June 4, 2018, Manhattan Supreme Court Justice Jennifer Schecter ruled that Trump must be deposed by January 31, 2019.[44]
As of September 9, 2018, Trump will provide written answers under oath in the defamation lawsuit.
Gathered, written, and posted by Windermere Sun-Susan Sun Nunamaker
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